Terms of Use & Privacy Policy

 

General Terms and Conditions

  • 1 Scope of application

(1) These General Terms and Conditions of MAYAVI 3.0 KFT, Oktober 6. u. 16., 1051 Budapest, HUNGARY govern the use of the Kitchen Adventure services on on thekitchenadventure.com and/or climatesmartelephant.com websites (hereinafter, the “Website”) and mobile application (hereinafter, the “App” or the “The Kitchen Adventure App”). They apply regardless of whether the App is used free of charge or for a fee.

(2) Only the following General Terms and Conditions apply between MAYAVI 3.0 Kft (hereinafter, also the “Provider” or “The Kitchen Adventure”) and the user of The Kitchen Adventure services (hereinafter, the “User”) as amended at the time of use. Deviating terms and conditions of the User shall not be recognized, unless the Provider expressly agrees to their validity.

  • 2 Definition of terms

(1) The Kitchen Adventure offers its Users a program that is tailored to the topics of healthy cooking and nutrition, and through The Kitchen Adventure App and on the website, it offers a number of ways for Users to become familiar with these topics (hereinafter, also the “Services”).

(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions of Hungarian Civil Law. Thus, the User is herein the “Consumer,” insofar as the use or purchase of The Kitchen Adventure App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business, or profession when using The Kitchen Adventure App or entering into the contract.

(3) “Distribution Platform” refers to the shops (stores) of platform operators, such as Google (“Google Play”) and Apple (“App Store”), where the User can select and download The Kitchen Adventure App to be installed on the User’s device.

  • 3 Use of The Kitchen Adventure Services

(1) The Kitchen Adventure Services can be used free of charge or for a fee. This also applies, in particular, to use of the Services via The Kitchen Adventure App. The App is always free of charge when installed through a Distribution Platform. Use for a fee always requires special, express consent by the User in the App (see below § 5 and § 6).

(2) As a general rule, The Kitchen Adventure App can be installed and operated on all The Kitchen Adventure-supported platforms and end devices, including mobile phones, smartwatches, tablets, and other mobile devices.

(3) By using the Website or installing the App, the User accepts these General Terms and Conditions. If the User downloaded the App from a third-party Distribution Platform and accesses The Kitchen Adventure Services through the App, then the respective terms and conditions of business and/or use of the Distribution Platform apply in addition. Where conflicts arise as a result of this, these General Terms and Conditions take precedence.

(4) The User confirms that his or her information is true, accurate, current, and complete. Regular updates of personal information are required.

(5) The User is not permitted to circumvent technologies used to control geographic or other access in order to use fee-based services of The Kitchen Adventure without authorization.

(6) The User is obliged to protect his or her account from unauthorized account access and misuse. Suspicious activity and possible violations are to be reported to the Provider immediately. Any possible reimbursement of unauthorized payments will be made only after successful reporting of the misuse.

(7) If the Provider detects abusive conduct of a User, the Provider is entitled to close the respective account.

(8) You must be at least 16 years of age to use our App, unless a parent or legal guardian has consented to the installation and subsequent use of our App in accordance with the applicable law. Should The Kitchen Adventure learn that personal data of a minor younger than the minimum age was collected without parental consent, the Provider will take the necessary steps to delete these data without delay.

  • 4 Health notice for The Kitchen Adventure Services

(1) The Provider is not a medical organization, and its recommendations do not constitute medical advice. Due to possible unintended health risks (including allergies, risks associated to sudden weight loss, etc.) associated with the use of The Kitchen Adventure Services, the User is advised to consult a doctor in individual cases before using The Kitchen Adventure Services to discuss individual recommendations made by the Provider. This especially applies to users who are already receiving medical treatment, have known or unknown allergies or are taking prescription medication to treat a clinically diagnosed condition. The Provider recommends using The Kitchen Adventure Services under a doctor’s supervision and that regular medical check-ups be performed. The Provider accepts no responsibility for the actions of the User. None of the content is intended to supplement or replace information provided by an expert. By agreeing to these General Terms and Conditions, the User confirms that he or she is solely responsible for his or her health, well-being, and diet outcomes.

(2) The Provider recommends that the User maintains his or her weight in accordance with the guidelines for healthy weight specified by the World Health Organization (WHO), which corresponds to a body mass index (BMI) between 18.5 to 25. The BMI can be calculated using the following formula: body weight (in kg) divided by height (in m) squared.

(3) By accepting these terms and conditions, the user acknowledges that The Kitchen Adventure app may contain errors, or have missing information, so all health risks are solely the responsibility of the User, with special consideration to allergens of provided recipes.

  • 5 Setting up a user account

(1) The Kitchen Adventure App can be operated with a personalized user account. If a personalized user account is created, the User is required to enter his or her e-mail address and choose a password. In addition, the user is requested to provide additional personal information so the Provider may provide a personalized service to the user. All user data requested is mandatory, but the user may withdraw his or her consent of any storage and handling of his or her personal identifiable data any time, which results in the deletion of his/her account. The Provider may keep and use all data collected from the user that is not identifiable personal data in accordance with GDPR.

  • 6 Term and cancellation of free Services

If The Kitchen Adventure Services are used free of charge, the contract of use may be canceled by either The Kitchen Adventure or the User with 14 days’ notice sent to info@climatesmartelephant.com or the User’s e-mail address on file, respectively.

  • 7 Term, term renewal and cancellation of fee-based Services

(1) The Kitchen Adventure offers Users subscriptions with various fixed terms and a usage fee specific for each term, which is payable in advance in order to be able to use all Services without limitation (hereinafter, also “The Kitchen Adventure PRO” or “PRO Functions”).

(2) If the User wishes to use the functionality of the paid version of The Kitchen Adventure App, the User can purchase the PRO functions via The Kitchen Adventure Website as well as upgrade the app using an “in-app purchase” via a Distribution Platform.

(a) To purchase the PRO functions via the Provider’s Website, the User must log in with his or her e-mail address and password or reregister. In his or her user account, the User can view and purchase different subscription options on the corresponding product page.

(b) If the User carries out the upgrade via a Distribution Platform, the specific procedure shall be governed by the respective platform operator. The purchase agreement shall take place according to the terms and conditions of the respective Distribution Platform. These terms and conditions also determine whether the purchase agreement is to be made between the User and the Distribution Platform or between the User and the Provider.

(3) Where the subscription is purchased on the Website or through a Distribution Platform, e.g. the Google Play Store or the App Store, The Kitchen Adventure may temporarily offer Users the option to use the chosen subscription free of charge for a Kitchen Adventure-specified period of time (trial subscription). The trial subscription begins on the date on which the purchase process is concluded. The User will be notified of the testing phase when signing up for the trial subscription. A fee will not be charged during the testing phase, but The Kitchen Adventure may require the User to provide his or her payment details at the start of the trial subscription. If the User does not cancel the trial subscription during the period of the testing phase specified by The Kitchen Adventure, the trial subscription automatically converts to a fee-based, limited-time subscription. The User will be notified of this and must provide his or her consent. The User will automatically be charged the relevant usage fee for the subscription after the last day of The Kitchen Adventure-specified testing phase. The PRO Functions will be automatically activated for the User after the purchase is completed. The Kitchen Adventure may at any time change the scope of the Services for the trial subscription or discontinue offering a trial subscription.

(4) The limited-time subscription runs for at least the term originally chosen by the User, plus any preceding trial subscription period specified by The Kitchen Adventure.

(5) The User may cancel the subscription at any time, effective at the end of the chosen term. If it is not canceled, the subscription renews for an unlimited period of time at the purchase conditions of the initial subscription and may be canceled by The Kitchen Adventure or the User at any time with one month’s notice, effective at the end of the month. If the User paid in advance, differential amounts will be refunded.

(6) If the Provider cancels, the User is to be canceled using the e-mail address on file. If the subscription was purchased through a Distribution Platform, it can be canceled in the manner described in the respective app store under subscription management.

(7) The right to cancel without notice for cause remains unaffected. Cause for The Kitchen Adventure exists, in particular, where the User violates applicable law or material contractual duties. In addition, the arrangements in § 10 remain unaffected.

(8) If the User dies, his or her heirs are entitled to cancel the subscription in accordance with subsections 5 to 7.

(9) The Provider offers events for the Users. The events can be attended for free or for a fee as indicated in the App or on the Website. The User cannot ask for a refund after purchasing attendance at an event even if they do not or cannot attend. The Provider reserves the right to change the schedule or content of all its events, in which case, the User may opt out of participation in the event and ask for a refund by sending an email to the Provider.

  • 8 Payment of the usage fee

(1) After purchasing The Kitchen Adventure PRO functions via The Kitchen Adventure Website, the User will receive an invoice for the outstanding usage fee, unless another method of payment has been agreed upon. If the User opts for a limited-time subscription with a possible prior testing phase specified by The Kitchen Adventure and communicated to the User (trial subscription), the usage fee for the subscription first becomes due after the last day of the testing phase. After the testing phase, the usage fee for the respective subscription period becomes due immediately and is payable by the User in advance. If the limited-time subscription is not preceded by a testing phase, the usage fee for the respective subscription period is due immediately and is payable immediately after completion of the purchase.

(2) The User is obliged to pay all costs incurred if an outstanding payment cannot be collected from a bank account specified by the User. If payments that were made are charged back, or if the User does not pay fees, The Kitchen Adventure is entitled to block all Services or access to individual ones.

(3) In-app purchases are billed via the respective Distribution Platform. The terms of payment specified by the respective platform operator shall apply.

  • 9 Changes to the usage fee

The Provider reserves the right to change the usage fee for the subscription options. Price changes will only become effective when valid after the end of the subscription period or when the subscription renewal is due for payment. In the event of upcoming price increases, the Provider shall notify the User at least 30 days before the planned change of the usage fee. If the notification of the price increase is made less than 30 days in advance, the change shall take effect only after the next payment date.

  • 10 Changes, interruptions, discontinuation of The Kitchen Adventure Services

(1) The Provider is free to change its Services at any time and when doing so to, e.g., change, interrupt or discontinue the free services of The Kitchen Adventure App at any time, temporarily or permanently, and in whole or in part. This also applies to the offer of limited-time subscriptions.

(2) The Provider shall inform the User at least 10 days before planned changes, interruptions, or discontinuation of fee-based services. The Provider will publish the updated usage fees.

(3) The User has the right to cancel his or her subscription without notice if the change, interruption, or discontinuation of the service causes unreasonable disadvantage to the User or the contractual balance between the parties is otherwise significantly disturbed. If the User exercises his or her right to cancellation, he or she may be entitled to a pro rata refund for the unused portion of the cancelled subscription. The Provider is solely responsible for any refunds granted under these terms.

(4) The subscription with the respective booked term ends if the Provider or the corresponding Distribution Platform used by the Provider ceases provision of services or business operations.

(5) The present General Terms and Conditions also apply to changed services.

  • 11 Warranty for defects of quality, guarantee

(1) Insofar as the purchase agreement between the Provider and the User has been concluded, the Provider is liable for defects in the app in line with the applicable statutory provisions.

(2) The Provider will make an effort to enable consistently complete and error-free availability of The Kitchen Adventure App but does not guarantee this.

  • 12 Liability

(1) User claims to compensation for damages are excluded. This does not include damages caused by breach of material contractual obligations; or liability for other damages caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.

  • 13 Instructions on right of withdrawal

(1) If the contract is entered into with The Kitchen Adventure (and not the platform operator), the User, where he or she is a consumer, has a statutory right of withdrawal against the Provider, as explained in detail below.

(2) Instructions on right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract is entered into. In order to exercise your right of withdrawal, you must inform us (MAYAVI 3.0 Kft, Oktober 6. u. 16., 1051 Budapest HUNGARY, info@climatesmartelephant.com) in a clear statement of your decision to withdraw from this contract (e.g., by sending a letter by mail or e-mail). The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.

Consequences of the notice of withdrawal

If you withdraw from this contract, no further charges will be made on your cards or accounts, but withdrawal does not entitle you to any refunds.

  • 14 Final provisions

(1) Contracts entered into between the User and the Provider are subject to the laws of the Hungary, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the consumer has his or her habitual abode, remain unaffected.

(2) If the User is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.

(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.

(4) The Kitchen Adventure’s General Terms and Conditions are available to Users in English and the Provider might provide translations on other languages. In the case of disputes, misunderstandings, or inconsistencies between possible language versions, English is the authoritative version and shall take precedence over all translated versions.

LEGAL NOTICE

Help
 App Help service:

We make The Kitchen Adventure
 MAYAVI 3.0 Kft
Október 6. u. 16.
Budapest
1051
HUNGARY

Registered in the commercial register
 Hungarian Company Registry
Commercial register number: Cg. 01-09-359727

Represented by its managing director
 László Jaczenkó
VAT ID: HU14589865

 

Data Protection Policy

Preamble

Mayavi 3.0 Kft. (hereinafter the “Provider”), with registered office in Budapest, operates the website www.thekitchenadventure.com (hereinafter, the “Website”) as well as the The Kitchen Adventure App, a healthy cooking and nutrition app (hereinafter, the “App” or the “Product”) for Android and iOS.

The following Data Protection Policy informs you about the types of personal data of The Kitchen Adventure  users that are processed, the purposes for which they are processed, and the scope of processing. The Data Protection Policy applies to all processing of personal data performed by The Kitchen Adventure , both in connection with service provision and, in particular, on the Website and in the The Kitchen Adventure App, which users can install on their mobile end device, as well as within external online presences, such as The Kitchen Adventure’s social media profiles (hereinafter, collectively referred to as the “Online Offer”).

1. Controller & Data Protection Officer

The controller within the meaning of the General Data Protection Regulation (GDPR)—i.e., the entity responsible for collecting, processing and using personal user data—is

 MAYAVI 3.0 Kft
Október 6. u. 16.
Budapest
1051
HUNGAR

In addition to the controller, the user can also contact The Kitchen Adventure ’s data protection officer in the event of questions about their data or this Data Protection Policy or the assertion of data subject rights:

info@climatesmartelephant.com

2. Encryption

All incoming and outgoing data—both in the communication with the Apps and in third-party provider communication—are transmitted in encrypted form. The encrypted connection when using the The Kitchen Adventure  Website can be seen, for instance, via the address bar of the browser being used, which begins with “https://”, and via the encryption symbol found there. Because of encryption, the transmitted data cannot be read by third parties.

3. Collection, Processing, & Use of Personal Data

3.1. Personal data

“Personal data” for the purposes of the GDPR means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Personal data (e.g., e-mail address, nutritional data in the App) will be processed by the Provider only pursuant to the provisions of applicable data protection law. The following provisions inform you about the nature, scope and purpose of the collection, processing and use of personal data.

3.2. Collection of data when using the The Kitchen Adventure  Website

When visiting the Website www.TheKitchenAdventure.com, the web server, on the basis of The Kitchen Adventure’s legitimate interests under Article 6(1)(f) GDPR, automatically records log files, which cannot be attributed to any specific person, if this is necessary for the App’s functionality and is not outweighed by the interest in protecting the user’s personal data. These data include, e.g., the browser type and version, the operating system used, referrer URL (the previously visited site), IP address of the requesting computer, access date and time of server request, and the file requested by the client (file name and URL). These data are collected only for the purpose of statistical analysis and for security reasons (e.g., to investigate acts of misuse or fraud) and are stored for seven days and then erased. If it should be necessary to retain the data for a longer period of time for evidentiary purposes, they are exempt from erasure until final resolution of the respective event.

3.2.1. Provision of the Website

The IT infrastructure and associated services are provided by the web hosting service  Amazon Web Services (AWS) Inc. is 410 Terry Avenue North, Seattle, WA 98109-5210, United States. AWS is a cloud service provider and offers a platform for internet-based business processes. For the hosting tools, only the personal data collected by The Kitchen Adventure  will be stored on the servers of AWS in Europe. These include, in particular, meta and communication data, contact data, such as names and addresses, contract and payment data and content data (completed forms). In this regard, the data are processed only to the extent necessary for fulfilling the hosting contract. The data protection policy and other information of AWS can be found here: https://aws.amazon.com/privacy/.

3.2.2. Use of cookies

In order to make the Website more user friendly and more effective overall, The Kitchen Adventure  itself or third parties engaged by The Kitchen Adventure  for this purpose store cookies on the user’s hard drive, provided the user has consented to this in accordance with Article 6(1)(a) GDPR.

A cookie is a small text file that is used, inter alia, to record information with respect to use of a website. These cookies cannot execute programs or transmit viruses to the user’s computer. They do not contain any personal data, cannot be attributed to specific persons, and, unless described otherwise, will be automatically deleted after one year, at the latest. These data are not combined with other data sources.

It is also possible to use websites operated by the Provider without cookies. The storage of cookies can be deactivated or limited to certain websites in the respective browser, or the browser can be configured in such a way that it notifies the user once a cookie is sent. The user can also delete cookies from the hard drive of their PC at any time.

3.3. Personal data when using the The Kitchen Adventure App

3.3.1. Required information when creating a personalized user account

In order to be able to use the App, the user must provide the required information “e-mail address” and “password”. These are used to identify the user and for the purpose of communication between the Provider and the user. The e-mail address and all other user data cannot be viewed by other users. A different situation applies only if the user is using the “Invite” feature (see 3.3.8). The data are stored on the basis of the consent of each user under Article 6(1)(a) GDPR.

3.3.2. Use of the The Kitchen Adventure App without personalized user account

An existing anonymous user account can be converted into a personalized account at any time by adding an e-mail address and password.

It is not possible to attribute an anonymous account to a user, meaning that if the mobile end device is lost, it is not possible for The Kitchen Adventure  to restore the account.

3.3.3. Data provided by the user

When creating a personalized user account, the user can optionally provide, in addition to the required information (e-mail address and password), first name, last name and place of residence, which are then recorded by The Kitchen Adventure .

In addition, The Kitchen Adventure  records data that are provided by the user through a personalized or anonymous user account, which can be entered when using the App. This comprises a user profile, which includes, but is not limited to, the below-listed body and health data:

  • Age/date of birth
  • Gender
  • Height
  • Diet (e.g., vegan)
  • Allergies
  • Goal (e.g., lose weight)
  • Activity level
  • Recorded activities
  • Calories consumption and activity calories
  • Weight
  • Favorite recipes
  • Country
  • Language

The data are collected on the basis of the user’s consent under Article 6(1)(a) GDPR. The provision of body data is necessary in order to be able to use the App’s features. In particular, it is necessary to provide starting weight/target weight, gender, date of birth and height so The Kitchen Adventure  can calculate the user’s personal calorie goal.

Other data, such as water consumption, enable the user to track the amount of water they drink. These data are used solely for the stated purposes and, as a rule, cannot be seen by third parties. A different situation applies only if the user is using the “friends” feature (see 3.3.8.).

3.3.6. Data automatically recorded by The Kitchen Adventure 

When the App is installed, the following are recorded one time:

  • Date of installation
  • Date of registration
  • Operating system of the device used (Android/iOS)
  • Country and language (using locale: the “locale” is a set of settings that contains the region parameters (local parameters) for computer programs. These primarily include the language of the user interface, the country and settings for the character set, keyboard layout, and formats for payments, currencies, dates and times.)

These data are recorded in order to improve and personalize our services, and this takes place on the basis of our legitimate interest pursuant to Article 6(1)(f) GDPR.

3.3.7. Data recorded while using the App

When the App is being used, The Kitchen Adventure  furthermore records the following:

  • Current IP address
  • App version being used
  • Current time zone

These data are recorded in order to improve and personalize the offered services, and this takes place on the basis of The Kitchen Adventure ’s legitimate interest pursuant to Article 6(1)(f) GDPR.

3.3.8. Sharing data with a friend

Every user has the ability to share their data entered under No. 3.3.5 with other App users (“invite friends”). To invite friends, a personal link is generated in the friends section, which can be forwarded to the selected friend(s). This link is valid only one time, i.e., even if it is sent to a group of friends, it can only be used one time, namely by the friend who clicks on the link first. Messenger services installed on the user’s device are available for sharing the link. Applicable are the data protection policies of the messenger services used to send the link.

The data entered under No. 3.3.5 and shared via a personal link will be displayed to the invited friends in the friends section. Only the current day’s data are visible to friends list, i.e., data from the day before are no longer visible for the friends list and are not open to tracking.

This data exchange can be ended by the users or by invited friend(s) at any time. After the friend is deleted from the friends list, no further data will be shared with that friend. The friend removed from the friends list does not receive any notification that they have been removed.

3.3.9. Contractual relationship and payment procedure

Where a contractual relationship between the user and The Kitchen Adventure  is to be established, substantively structured or changed, The Kitchen Adventure  stores personal data of the user on the basis of Article 6(1)(b) GDPR (see the list of personal data under No. 3.3.5 to 3.3.7), provided this is necessary for the performance of the contract. Through in-app purchases, the user has the ability to acquire access to events and extra functions with presses the order/purchase button, they will be forwarded directly to the Apple App Store, the Google Play Store or the Huawei AppGallery, depending on their operating system. In that case, the corresponding amount for the subscription/purchase will be automatically debited.

When the user is forwarded to the appropriate app store, The Kitchen Adventure  transmits the starting and ending date and, if applicable, the subscription termination date, as well as the reason for termination (e.g., after a possible cancellation). The payment processing data are collected directly by the app stores. The data protection policies of the app stores can be viewed here:

Applicable to the payment transactions are the business terms and conditions and the data protection policies of the respective payment service providers, which are available on the respective websites or transaction apps:

  • The Kitchen Adventure  makes the mobile payment system Apple Pay of Apple Inc., One Infinite Loop, 95014 Cupertino, USA, available to users in the The Kitchen Adventure App. When Apple Pay is used, Apple does not store any original credit card, debit card or prepaid card numbers used by the user. Apple has no access to them. In addition, no backup of transaction data takes place that permits conclusions to be drawn as to the user.
    Further data protection notices can be found at https://www.apple.com/privacy/.
  • In addition, the mobile payment system Google Pay of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, is also available to users. Google stores information about the transaction made by the user and the payment method selected (debit or credit card). It collects data such as date, time, merchant location, merchant name and merchandise description. Google may combine these data with the information of other Google services that the user uses with their Google account.
    Further information is available at https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice.

4. Exchange of Data With Third Parties

The Kitchen Adventure  takes the protection of personal user data very seriously. For this reason, The Kitchen Adventure  treats personal data confidentially and in accordance with statutory provisions concerning data protection as well as this Data Protection Policy. The Kitchen Adventure  therefore collects and stores only data that are provided by third-party providers on the basis of the respective user consent under Article 6(1)(a) GDPR and transmits corresponding data to them. Subject to statutory or contractual permissions, The Kitchen Adventure  processes the data in a third country or has the data processed there only where the special requirements of Articles 44 et seqq. GDPR are met. Processing takes place, e.g., on the basis of special safeguards, such as the observance of officially recognized, special contractual obligations (“standard contract clauses”).

For data transfers to the USA, The Kitchen Adventure  primarily relies on the EU-U.S. Trans-Atlantic Data Privacy Framework (DPF), which has been recognised as a secure legal framework by an adequacy decision of the European Commission. Standard contractual clauses may also exist. Further information on the DPF and a list of certified companies can be found (in English) at https://www.dataprivacyframework.gov/.

If the European Commission does not attribute to a third country the same level of data protection as the EU, then The Kitchen Adventure  ensures the maintenance of the European level of data protection through the use of standard contract clauses (SCC) and binding company rules pursuant to Article 46(1) and (2)(c) GDPR. Nevertheless, it is possible under certain circumstances that authorities in a third country may access user data for control and monitoring purposes and, in this regard, that effective legal remedies and data subject rights may not be enforceable.

The following providers and data are affected:

The use of information that The Kitchen Adventure  obtains from Google APIs and the sharing of it with other apps takes place pursuant to Google API Services-User Data Policy, including the requirements for limited use.

5. Contact & Customer Support

The Website provides a contact form in which users manually enter their data (name, e-mail address, iOS or Android version, description of the problem). Based on this information, the The Kitchen Adventure  Support Team knows the user data that are stored in the user’s App.

The app uses an automated bug report where users can report bugs directly from the app. This sends encripted user data and metadata to the support team.

These personal data that the user provides to The Kitchen Adventure  in connection with this contact request are needed only for responding to the user’s enquiry or to make contact and are used for the technical administration associated with this. The data are not shared.

If the user has consented to the storage of their data, they have the right to withdraw the granted consent with prospective effect. In such cases, their personal data will be erased without delay. The user’s personal data will be erased even without their withdrawal if The Kitchen Adventure  has processed their request or the user has withdrawn the consent to storage granted here. This also takes place where storage is impermissible for other statutory reasons.

Support team is utilized based on the user’s consent under Article 6(1)(a) GDPR and a processing contract pursuant to Article 28(3) GDPR.

6. Other Communication

7. Surveys & Feedback

7.1. SurveyMonkey

For online surveys in the The Kitchen Adventure App, The Kitchen Adventure  uses the SurveyMonkey service of Momentive Europe UC, 2nd Floor, Shelbourne Buildings, Shelbourne Rd, Dublin, Ireland. The surveys made available by The Kitchen Adventure  are used to analyze the subjective user experience and the opinions and desires of users of the The Kitchen Adventure App and the The Kitchen Adventure  offer. Participation in an online survey is voluntary. User data will be anonymized and the IP address of the requesting computer will not be stored. When responding to an online survey, The Kitchen Adventure  collects the following personal data: age group, gender, net household income, and number of persons in the household over the age of 18. The user’s details will be stored for the purpose of analysis until the survey is deleted through SurveyMonkey. The legal basis for use of the SurveyMonkey service is Article 6(1)(a) GDPR.

Further information can be found at https://www.surveymonkey.com/mp/legal/privacy/.

8. Newsletter & Mailings

The Kitchen Adventure  regularly notifies its users by e-mail about current diet trends, recipes and other interesting offers and tips from the field of nutrition, health, etc. Registration is voluntary and takes place using a double opt-in procedure. After registering, the user receives an e-mail requesting that they confirm their registration. This is necessary so that a third party cannot register to receive the newsletter using someone else’s e-mail address. In order to document that the registration meets the legal requirements, it is logged on the basis of The Kitchen Adventure ‘s legitimate interest pursuant to Article 6(1)(f) GDPR.

As part of registration on the Website or in the App, the user consents to the processing of the provided data for the purpose of sending and receiving e-mails (Article 6(1)(a) GDPR). Furthermore, the user consents that The Kitchen Adventure  may collect and process data about their usage behavior (namely, opening the e-mail and clicking on links in it) so that the content of the mailings can be tailored to the respective needs, e.g., if a user repeatedly clicks on links about topic A but not about topic B, they will receive only links about topic A in future mailings.

The consent granted by the user to receive these emails may be withdrawn at any time and without providing reasons with prospective effect by sending an e-mail to info@climatesmartelephant.com.

In addition, receipt can be stopped by using a link found at the end of each newsletter. The Kitchen Adventure  may store the provided e-mail address and the data stored in connection with logging the registration for up to three years on the basis of its legitimate interest in order to be able to demonstrate that consent had previously been given. The processing of these data is limited to the purpose of possible defense against claims. An individual erasure request is possible at any time, provided that the former existence of consent is confirmed at the same time.

The aforementioned service providers are utilized based on The Kitchen Adventure ’s legitimate interest pursuant to Article 6(1)(f) GDPR and a processing contract pursuant to Article 28(3) GDPR.

9. Use by Children

The Kitchen Adventure  is aware of the importance of additional measures to protect the privacy of children. Persons under the age of 16 may not open an account unless a parent has consented in accordance with applicable law. Should The Kitchen Adventure  learn that personal data about a child under the minimum age were collected without parental consent, The Kitchen Adventure  will initiate steps to erase these data without delay. Parents who believe that their child has sent us personal data and would like to have these erased should contact The Kitchen Adventure  using the contact data provided in No. 1.

10. Use of Tools for Web analysis, Remarketing & Retargeting

Based on the user’s consent within the meaning of Article 6(1)(a) GDPR, The Kitchen Adventure  utilizes various tools and plug-ins for the purpose of web analysis, remarketing and retargeting. In doing so, cookies are used that forward the IP address and/or record and analyze different types of data. This includes, for example, the number of Website visitors, visit duration, average page-loading time and visitor origin. These cookies are used for the purpose of being able to put together more targeted offers for The Kitchen Adventure  users.

Specifically:

10.1. Google Tag Manager/Google Analytics/Google Optimize/Google Analytics by Firebase

The Kitchen Adventure  utilizes Google Tag Manager on its Website. The provider is Google Ireland Ltd. (“Google”), Google Building Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is a tool used to embed tracking or statistics tools and other technologies on the Website. Google Tag Manager does not itself create any user profiles, store any cookies, or perform any independent analyses. It is merely used to manage and run the tools embedded through it. For this purpose, however, Google Tag Manager records certain aggregated data for the purpose of diagnosing how the tracking and statistics tools are running. These data do not contain any IP addresses or IDs that can be linked to a specific person.

The Kitchen Adventure  uses Google Analytics and Google Optimize on the Website and in the App for the purpose of analyzing use of the Website. The provider of both web analysis services is Google Ireland Ltd. (“Google”), Google Building Gordon House, Barrow Street, Dublin 4, Ireland.

Google Optimize is a tool integrated in Google Analytics. It enables the Provider to adjust and improve parts of its Website in a targeted manner to match user behavior.

Firebase provides app developers with a technical infrastructure and a variety of tools, including Google Analytics by Firebase. With it, The Kitchen Adventure  can record and analyze user behavior in order to adjust the App to meet the needs of users and to better control features and events. Google Analytics and Google Optimize use cookies, which facilitate an analysis of the use of the Website by users. The information generated by the cookie about user activities on this Website is normally transferred to a Google server in the U.S. and stored there. On behalf of The Kitchen Adventure , Google uses this information in order to evaluate user activities on the Website, to compile reports about Website activities for The Kitchen Adventure , and to provide additional services associated with Website use and internet use. In addition, Google will, if necessary, transmit this information to third parties if this is required by law or if third parties process these data on behalf of Google.

Further information about Google’s use of data for marketing purposes can be found at https://www.google.com/policies/technologies/ads. If the user wishes to object to interest-related advertising by Google marketing services, they can use the settings and opt-out options provided by Google at http://www.google.com/ads/preferences.

Google’s data protection policy is available at https://www.google.com/policies/privacy.

10.2. Google Ads Remarketing/conversion tracking

On the Website and in the App, the Provider uses Google Ads Remarketing, an online advertising program of Google Ireland Ltd. (“Google”), Google Building Gordon House, Barrow Street, Dublin 4, Ireland. In connection with Google Ads Remarketing, The Kitchen Adventure  uses what is known as conversion tracking. If the user clicks on an advertisement placed by Google, a cookie is set for the conversion tracking. These cookies lose their validity after 30 days and are not used to personally identify users. If the user visits certain pages on this Website and the cookie has not yet expired, Google and the Provider can recognize that the user clicked on the advertisement and was redirected to this site.

Each Google Ads Remarketing customer receives a different cookie. The cookies cannot be tracked across the websites of Ads Remarketing customers. The information obtained with the aid of conversion cookies is used to compile conversion statistics for Ads Remarketing customers that have elected to use conversion tracking. Customers learn about the total number of users who clicked on their advertisements and were redirected to a site furnished with a conversion tracking tag. However, they do not receive any information that can be used to identify the user. If a user wishes to decline to take part in tracking, they can object to such use by deactivating the Google conversion tracking cookie through their internet browser under user settings. In addition, the user can prevent the capture and processing by Google of the data generated by the cookie relating to their use of the Website (including their IP address) by downloading and installing the browser plug-in available at the following link: tools.google.com/dlpage/gaoptout. The user will then no longer be included in conversion tracking statistics. However, this will likely limit the functionality of this Website.

The information generated by the cookie about the user’s use of this Website is transferred to a Google server in the U.S. and stored there. In the event of activation of IP anonymization on this Website, however, the user’s IP address is first truncated by Google within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the U.S. and truncated there. Google uses this information on behalf of the operator of this Website in order to evaluate the user’s activity on the Website, to compile reports about Website activities, and to provide other services to the Website operator associated with Website use and internet use.

More information about Google Ads Remarketing and conversion tracking can be found in the data protection provisions at https://safety.google/privacy/ads-and-data/.

10.3. Apple Search Ads

The Kitchen Adventure  utilizes Apple Search Ads in the App. Apple Search Ads is an online advertising program of the technology group Apple, One Infinite Loop, 95014 Cupertino, USA. Through Apple Search Ads, the Provider’s App will be displayed to the user as the top result when the user searches in the App Store.

The user can view and limit their personal data that Apple uses in order to display relevant advertising to them. In addition, the user can prevent location-specific information from being used to find out which advertisements they can see. Further data protection notices are available at https://searchads.apple.com/privacy.

11. Social Media Plug-Ins

Based on the respective user consent within the meaning of Article 6(1)(a) GDPR, The Kitchen Adventure  uses various social media plug-ins for the purpose of web analysis, remarketing and retargeting, for the purpose of optimizing its Website and to be able to put together more targeted offers for users.

11.1. Facebook

On the Website and in the App, The Kitchen Adventure  uses the social plug-in of the social network facebook.com, which is operated by Meta Platforms Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA (“Facebook”). The plug-ins can be identified by the Facebook logo or are labeled with the add-on “Facebook social plug-in”. The list and appearance of Facebook social plug-ins can be viewed here:

https://developers.facebook.com/docs/plugins.

If a user selects a feature of this Online Offer containing such a plug-in, a direct connection is established with the Facebook servers. The content of the plug-in is transmitted by Facebook directly to the user’s device and is embedded by it in the Online Offer. In this regard, the processed data can be used to create usage profiles of users. Therefore, The Kitchen Adventure  has no influence over the scope of the data that Facebook collects with the aid of this plug-in and accordingly informs users in line with our state of knowledge. Through the embedding of the plug-in, Facebook receives information that a user has visited the corresponding page of the Online Offer. If the user is logged in to Facebook, Facebook can allocate the visit to their Facebook account. If users interact with the plug-in, e.g., share the Website using the Facebook “Share” button, the corresponding information will be transmitted from their device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will learn their IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany. If a user is also a Facebook member and does not want Facebook to collect data about them through this Online Offer and to link the data with their member data stored at Facebook, they must log out of Facebook before using our Online Offer and delete their cookies.

Further information can be found in the Facebook data protection notice at

The settings are platform-independent, i.e., they will be adopted for all devices, like desktop computers and mobile devices.

11.2. Twitter

Features and content of the service Twitter, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, may be embedded on the Provider’s Website. This may include, in particular, buttons that the user can use to share the link to the Website. If a user is a member of the Twitter platform, Twitter can allocate the selection of the aforementioned content and features to their profile there.

The Twitter data protection policy can be found at https://twitter.com/privacy.

11.3. Instagram

Features and content of the service Instagram may be embedded in the The Kitchen Adventure App and on the Website. The provider is Meta Platforms Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. This may include content such as photos, videos or text as well as buttons for liking content and for following content creators or our posts. If the user is also a member of the Instagram platform, Instagram can allocate the selection of the aforementioned content and features to their user profile there. More about the Instagram data protection policy can be found at http://instagram.com/about/legal/privacy/.

11.4. Pinterest

In addition, the Provider uses on its Website the social media plug-in Pinterest, which is provided by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland. This may include content such as photos, videos or text as well as buttons for liking content and for following content creators or the Provider’s posts.

If the user is a member of the Pinterest platform, Pinterest can allocate the selection of the aforementioned content and features to their profile there. The information generated by the plug-in about their use of this Website is transferred to a Pinterest server in the U.S. and stored there. In the event of activation of IP anonymization on this website, however, the user’s IP address is first truncated by Pinterest within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Pinterest server in the U.S. and truncated there. Pinterest uses this information on behalf of the operator of this Website in order to evaluate the user’s activity on the Website, to compile reports about Website activities, and to provide other services to the Website operator associated with Website use and internet use. The Pinterest data protection policy can be found at https://policy.pinterest.com/privacy-policy.

11.5. TikTok

Features and content of the service TikTok, offered by TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, may be embedded on the Website and in the The Kitchen Adventure App. This may include content such as videos as well as buttons for liking content and for following content creators or the Provider’s posts.

If the user is a member of the TikTok platform, TikTok can allocate the selection of the aforementioned content and features to their profile there. The information generated by the pixel about the user’s use of this Website is transferred to multiple TikTok servers, including to third countries such as the U.S., and stored there. In the event of activation of IP anonymization on this website, however, the user’s IP address is first truncated by TikTok within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a TikTok server in third countries and truncated there. TikTok uses this information on behalf of the operator of this Website in order to evaluate the user’s activities on the Website, to compile reports about Website activities, and to provide other services to the Website operator associated with Website use and internet use.

TikTok offers extensive data protection information at https://www.tiktok.com/legal/privacy-policy.

11.6. YouTube

Features and content of the service YouTube, offered by YouTube LLC, 901 Cherry Ave. San Bruno, CA 94066, USA, may be embedded on both the The Kitchen Adventure  Website and in the App. This may include content such as videos, which allow users to like content and follow content creators or the Provider’s posts.

If the user is a member of the YouTube platform, YouTube can allocate the selection of the aforementioned content and features to their profile there. The information generated by the plug-in about their use of this Website is transferred to a YouTube server in the U.S. and stored there. In the event of activation of IP anonymization on this website, however, the user’s IP address is first truncated by YouTube within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a YouTube server in the U.S. and truncated there. YouTube uses this information on behalf of the operator of this Website in order to evaluate the user’s activity on the Website, to compile reports about Website activities, and to provide other services to the Website operator associated with Website use and internet use.

The YouTube data protection policy can be found at https://www.youtube.com/howyoutubeworks/our-commitments/protecting-user-data/.

12. Erasure of User Data

The Kitchen Adventure  stores the user’s personal data for the period of use of the App. If the user account is deleted, the e-mail address, first name, last name, profile picture and links to third-party providers will be definitively and irretrievably deleted.

13. Resetting of User Account

The user has the ability to reset their account.

  1. User Rights

The user has the following rights, which, with the exception of No. 14.9, can be asserted with the controller or the data protection officer. The contact data can be found in No. 1.

14.1. Right of access (Article 15 GDPR)

The user has the right at any time to obtain free information about their personal data stored by The Kitchen Adventure , the origin and recipients of the data, the purpose of data processing and the planned duration of data storage, including a copy of the personal data that are the subject of the processing.

14.2. Right to rectification (Article 16 GDPR)

In addition, the user has the right at any time to have inaccurate or incomplete personal data rectified or completed without undue delay.

14.3. Right to withdraw consent (Article 7(3) GDPR)

The user has the right to withdraw their consent to data processing at any time with prospective effect, without there needing to be a ground for withdrawal.

14.4. Right to erasure (Article 17 GDPR)

Subject to the prerequisites of Article 17 GDPR, the user may request erasure of their personal data. Their entitlement to erasure depends, inter alia, on whether the data concerning them are still needed by The Kitchen Adventure  for fulfilling its statutory duties.

14.5. Right to restriction of processing (Article 18 GDPR)

Subject to the prerequisites of Article 18 GDPR, the user may request restriction of the processing of the personal data concerning them.

14.6. Right to data portability (Article 20 GDPR)

The user has the right to receive their provided personal data in a structured, commonly used and machine-readable format or to transmit those data to another controller, where the processing is based on consent and the processing is carried out by automated means.

14.7. Right to object (Article 21 GDPR)

The user may at any time make use of their right to object to the creation of user profiles and to the processing of personal data concerning them, where the processing takes place on the basis of Article 6(1)(e) or (f) GDPR. The personal data will no longer be processed unless compelling, legitimate grounds outweigh the user’s interests, rights and freedoms. Where a user’s personal data are used for direct marketing purposes, they of course have the right to object at any time to such processing.

14.8. Right not to be subject to automated decision-making (Article 22 GDPR)

The user has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

14.9. Right to lodge a complaint (Article 77 GDPR)

In addition, the user has the right to lodge a complaint with the supervisory authority responsible for the Provider:

Nemzeti Adatvédelmi és Információszabadság Hatóság

1055 Budapest,

Falk Miksa utca 9-11

Email: ugyfelszolgalat@naih.hu

Web: https://www.naih.hu/